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PRAKASH PADIA
Bablu Kumar Yadav – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Prakash Padia, J.
1. The petitioner has preferred present writ petition inter alia with the prayer to set aside the order dated 17.1.2019 passed by respondent No. 4-Superintendent of Police, Basti, District Basti.
2. The facts in brief as contained in the writ petition is that petitioner applied under OBC (Male) category for the selection of Male Constable in the Police Constable and Constable PAC (Male) Direct Recruitment, 2015 in pursuance of the advertisement dated 29.12.2015 issued by the respondent No. 2-Chairman/Secretary, Uttar Pradesh Police Recruitment and Promotion Board through its Controller of Examination and he was finally selected but at the time of joining of the service petitioner was not allowed to join and he was orally informed by the official concerned that on account of pendency of criminal case against the petitioner he was not allowed to submit his joining. Pursuant to the same now a decision has been taken by the respondent No. 4 dated 17.1.2019, which is under challenge. It is further argued that in the order impugned only ground taken that since a criminal case was pending against the petitioner in which a charge-sheet has been submitted on 6.1.20
The court established that non-disclosure of criminal antecedents can impact employment in law enforcement, but subsequent disclosures and acquittals must be duly considered by the appointing authori....
Mere pendency of a criminal case does not disqualify a candidate for public service if the allegations are trivial and disclosed during the application process.
Mere suppression of material/false information in a given case does not mean that the employer can arbitrarily discharge/terminate the employee from service.
The concealment of a pending criminal case during the employment application process can justify termination of services, as integrity and character are critical for positions within the judicial sys....
A candidate's non-involvement in a criminal case, confirmed by removal from the FIR, allows for consideration in the current recruitment process despite prior allegations.
The competent authority must evaluate the suitability of a candidate with pending criminal charges for police service, considering the nature of the charges as per guidelines established in Avtar Sin....
Non-disclosure of a trivial criminal case does not automatically disqualify a candidate for government service; the appointing authority must consider the nature of the case and the candidate's overa....
Character verification for public service must consider the nature of past allegations and acquittals, rejecting mechanical disqualification based solely on prior criminal cases.
Suppression of material information in employment forms can justify cancellation of candidature, and subsequent acquittal may not warrant consideration for selection/appointment, especially in cases ....
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